The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-08-04
An interesting Communication for all
Who Use Hydrant Water.
Sodsn Notifies the CITY Council that
He Will Stop the City's Supply,
Unless it Accedss to His TermsOf SIS
for Each and livery Day,
But Will Allow its Use for Fire Pur.
poses for Thirty Days Longer.
The PepIy by thu Council Committee
on Water Works.

The following communication was
presented to the city council last even
ing. Comment is unnecessary, as it
speaks for itself. Yet one thing we
can not forbear mentioning, which is
the fact that in this letter to the coun-
Gil Mr.. Soden virtually acknowledges
the receipt of $3.50 for the use of water.
This he vehemently denied during his
fight against a removal of the water
works.
Memorandum of agreement this day
made and entered into by and between
w. Il. Soden of the one part and the
city of Emporia, city of the second
class, in Lyon county, state of Kansas,
its mayor and clerk, pursuant to the
authority of the city council, witness
eth:
Whereas, Heretofore the city of EN-
poria adopted system of.Water works
and laid throughout the city limits and
beyond the same, pipes and mains and
house and dug well near the Cotton
wood river in said county and above
and near the mill dam of said So
den, and also inserted in the river
| above said mill dam a large pipe in
tended for direct use in taking the
water from the river in case Of fire,
| and
Whereas, The said Soden, fearing a
great and irreparable injury to his said
mill property from the constant use by
| the city of water from said river, and
from one said well as now and hereto
fore used by said city, brought suit in
the district court of Lyon county, Kan
sas, to enjoin said city from further use
| of any of said water by its said works,
which suit was tried in said district
court and judgment rendered perpet-
ually enjOining said city from using
said water as found, which said judg
ment was taken to the supreme court
| on error and there affirmed.
Now, therefore, 1t is agreed that il
consideration of the sum of five hun
dred and fifty dollars, to be paid by
said city to said Soden, the said Solder
agrees to, and hereby does, relinquist
all claims for damages done him by thu
use of said water by said city, and to bt
done by and for the use of the water
needed by the city for all its aforesaid
himself consents that the city may usC
as heretofore the said water up to May
LIST, 1882.
1t is understood that said Soden doe.
not covenant that the city shall not bC
disturbed by other riparian owners
but only for himself.
That said city agrees promptly tt
issue and deliver to said Soden it,
script for $500 in consideration of thu
above covenant.
1t is understood that the city shall
not be allowed to furnish water to any
railroads, except for stockyard pur
poses, until after December 1st, 1881
and it is further agreed that if said wa
ter works are not taken away by MAJ
LIST, 1882, the city of Emporia shall b.
liable to pay the said W. 7. SOden fol
the use OF water thereby taken at thu
rate of So per day for each and ever!
day thereafter that said waterwork
remain.
In witness whereof the city of EN-
poria, by its mayor and clerk, and tn
said Soden for himself, have hereto af
fixed their hands, and the said mayo
and clerk have affixed the seal of tn
! said city of Emporia this 5th day o
September. A. D., 1881.
d. w. EASTMAN, Mayor.
w. T. SODEN.
Attest: +. NJ. FoRDE, City Clerk.